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When buying or selling property, clear communication and mutual agreement between the buyer and the seller are essential. The Standard 310 T form, known as the Due Diligence Request and Agreement, serves as a formal mechanism to outline these agreements. It begins by establishing the parties involved—the buyer and seller—and the specific property in question. Following that, the form allows the buyer to request necessary due diligence actions, acknowledging that these must be completed in a good and workmanlike manner before closing. Should any adjustments to the property be agreed upon, the seller is responsible for notifying the buyer once these tasks are completed, along with any relevant documentation. Furthermore, this form includes a section where the buyer can decide whether to release inspection reports to the seller, adding another layer of clarity to the transaction. It's important to note that this agreement is only effective upon the signatures of both parties. While the form covers several critical areas, it is advised that individuals consult their lenders or legal advisors to ensure that all conditions align with their interests and legal requirements.

Standard 310 T Example

DUE DILIGENCE REQUEST AND AGREEMENT

[Consult “Guidelines” (Form 310G) for guidance in completing this form]

Draft 11-4-2019

___________________________________________________________________________________________________, as Buyer,

and ________________________________________________________________________________________________, as Seller,

have entered into an Offer to Purchase and Contract (“Contract”) regarding the purchase and sale of the following property (insert

property address): _____________________________________________________________________________________________

_________________________________________________________________________________________________ (“Property”).

1.Based upon Buyer’s Due Diligence, the Buyer requests and the Seller agrees to the following: _____________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

In the event the parties have agreed to any adjustment in the condition of the Property, then such adjustment shall be completed prior to Settlement in a good and workmanlike manner. Seller shall notify Buyer upon completion of the above and provide Buyer with documentation thereof. Buyer shall have the right to verify that the items above have been completed in a good and workmanlike manner. Unless otherwise indicated in the Contract or this Agreement, such verification shall be at Buyer’s expense.

NOTE: If the parties agree herein to a change in the Purchase Price or the amount Seller agrees to pay toward Buyer’s expenses associated with the purchase of the Property, the Agreement to Amend Contract (Form 4-T) should be completed and signed by the parties to reflect the change. However, the parties’ failure to complete and sign Form 4-T will not affect the validity of any agreement reached hereunder. Buyer is advised to confirm with Buyer’s lender that this amount will not exceed the amount lender will allow Seller to contribute.

NOTE: Unless otherwise agreed, Buyer retains the right to conduct Due Diligence during the period agreed to in Paragraph 1(j), Due Diligence Period, of the Offer to Purchase and Contract. Buyer is advised to consult with Buyer’s lender regarding this

Agreement and/or any Agreement to Amend Contract prior to the expiration of the Due Diligence Period.

2.Release of Inspection Reports: Buyer does does not agree to release any inspection reports to Seller.

3.Agreement: This agreement shall become effective on the date it has been signed by both parties. All changes, additions or deletions hereto must be in writing and signed by all parties.

THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. MAKES NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION.

Buyer:

 

 

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Seller:

 

 

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Buyer:

 

Date

Seller:

 

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Entity Buyer:

 

 

 

 

Entity Seller:

 

 

 

 

__________________________________________________

 

_______________________________________________

(Name of LLC/Corporation/Partnership/Trust/etc.)

(Name of LLC/Corporation/Partnership/Trust/etc.)

By: ______________________________________________

By: ____________________________________________

Name: ____________________________________________

Name:__________________________________________

Title: _____________________________________________

Title: __________________________________________

Date:_____________________________________________

Date: __________________________________________

 

 

 

 

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STANDARD FORM 310-T

 

 

North Carolina Association of REALTORS, Inc.

 

 

 

Revised 7/2018

 

 

 

 

 

 

 

 

© 7/2019

Form Characteristics

Name Fact
Form Purpose The Standard 310 T form is used for documenting due diligence requests and agreements in real estate transactions.
Governing Law North Carolina Real Estate Law governs the use of this form.
Effective Date This agreement takes effect once it has been signed by both the Buyer and the Seller.
Inspection Reports The Buyer can choose to agree or disagree to release inspection reports to the Seller.
Amendments All changes to this agreement must be in writing and signed by everyone involved.
Documentation Requirement Seller must notify the Buyer upon completing any agreed adjustments and provide documentation.
Due Diligence Period Unless agreed otherwise, the Buyer retains the right to conduct due diligence during the specified period.
Lender Consultation It is advisable for the Buyer to confirm with their lender regarding any financial contributions from the Seller.

Guidelines on Utilizing Standard 310 T

Completing the Standard 310 T form is a necessary step in the transaction process between a buyer and a seller. The form serves to outline various agreements regarding due diligence related to property. Both parties should ensure that all information is accurate and fully completed to avoid any misunderstandings during the purchase process.

  1. Identify the Buyer and Seller: Fill in the names of both the buyer and seller at the beginning of the form where indicated.
  2. Property Address: Clearly input the property's address in the designated space. Ensure that this information is complete and accurate.
  3. Due Diligence Requests: In the area provided, list all specific requests related to the due diligence period as agreed upon by the buyer and seller. Be thorough and clear in your descriptions.
  4. Adjustments Agreement: If there are any adjustments to the property conditions that were discussed, note those here. Stipulate that these adjustments must be completed prior to settlement, as specified in the form.
  5. Inspection Reports Release: Indicate whether the buyer agrees to release any inspection reports to the seller by checking the appropriate box.
  6. Signatures: Have both the buyer and seller sign the form. Ensure that dates are included next to each signature for proper documentation.
  7. Entity Information: If either party is representing an LLC, corporation, partnership, trust, or similar entity, fill in the name of the entity and include names and titles of the individuals authorized to sign on behalf of the entity.

What You Should Know About This Form

What is the Standard 310 T form used for?

The Standard 310 T form is a Due Diligence Request and Agreement, primarily used in real estate transactions in North Carolina. This form allows buyers to formally request specific conditions, repairs, or information about a property before finalizing the purchase. It acts as a way for buyers to ensure they have all the necessary information to make informed decisions regarding the property in question.

When should I use the Standard 310 T form during a real estate transaction?

This form should be used during the due diligence period outlined in the Offer to Purchase and Contract. Typically, buyers can use it soon after an offer is accepted, allowing them to request inspections and negotiate any repairs or other conditions that need to be met before settlement. Timeliness is crucial, as due diligence typically lasts for a specific time frame agreed upon in the contract.

What happens if the seller agrees to make adjustments to the property?

If the seller agrees to make adjustments based on the buyer’s due diligence requests, those adjustments must be completed before settlement and done in a good and workmanlike manner. The seller is required to notify the buyer upon completion and must provide documentation of the work done. Buyers also have the right to verify these adjustments at their own expense unless otherwise indicated in the contract.

Can I release inspection reports to the seller?

The decision to release inspection reports to the seller can be indicated in the form itself. Buyers can choose whether they agree to release these reports, which may help facilitate negotiations regarding repairs. This choice can impact your bargaining position, so consider discussing it with your real estate agent before making a decision.

What if changes to the purchase price are necessary?

If the parties agree to change the purchase price or if the seller will contribute towards the buyer’s expenses, it’s important to complete and sign the Agreement to Amend Contract (Form 4-T). However, it's notable that failing to sign this form does not invalidate any agreements made within the 310 T form. Always make sure to consult your lender regarding these changes, especially if they could impact your financing.

How do I know if the Standard 310 T form is legally valid?

Common mistakes

Filling out the Standard 310 T form can be straightforward, but mistakes can lead to misunderstandings. One common error is failing to provide complete and accurate property details. It is crucial that the property address is specified clearly. Omitting or incorrectly stating this information can complicate the transaction and delay the process.

Another frequent mistake involves not clearly outlining the terms of the due diligence request. Both the Buyer and Seller must agree on specific terms in writing. When these terms are vague or incomplete, it can lead to confusion about responsibilities and timings. Be explicit about what is being requested within the due diligence period.

Many individuals also overlook the importance of reviewing the section related to the release of inspection reports. Failing to indicate whether the Buyer agrees to share inspection reports with the Seller can create issues later in the transaction. Buyers should check one of the boxes to ensure that their intentions regarding inspection reports are clear.

Moreover, some people neglect to ensure that all necessary signatures are in place before the agreement becomes effective. The agreement is only valid once signed by both parties. Without these signatures, the terms outlined in the form may not be enforceable.

Lastly, buyers often forget to consult with their lender about any changes that might impact financing. This oversight can lead to surprises at settlement. Verifying contributions and adjustments with the lender ensures that the buyer stays informed about what is acceptable according to loan guidelines.

Documents used along the form

When engaging in real estate transactions, various forms accompany the Standard 310 T form to ensure all parties are well-informed and protected. Understanding these documents can help facilitate a smoother transaction process. Below is a list of some commonly used forms:

  • Form 310G - Guidelines for Due Diligence Requests: This document provides a comprehensive framework to assist buyers and sellers in understanding the due diligence process. It outlines essential procedures and considerations when completing the Standard 310 T form.
  • Form 4-T - Agreement to Amend Contract: If any changes occur regarding the purchase price or seller contributions, this form captures those modifications. It requires signatures from both parties to ensure mutual consent and clarity.
  • Form 2-T - Offer to Purchase and Contract: This critical document initiates the buying process. It details the terms of the property purchase, including price and conditions, establishing a legal agreement between the buyer and seller.
  • Form 100 - Property Disclosure Statement: This form provides buyers with vital information about a property's condition. Sellers are required to disclose known issues or defects, which helps buyers make informed decisions.
  • Form 101 - Buyer Representation Agreement: This agreement outlines the relationship between the buyer and their agent. It details the obligations and services the agent will provide during the buying process, establishing a clear understanding of roles.

These forms play an integral role in ensuring a well-organized and transparent real estate transaction. Familiarity with them can empower buyers and sellers, helping them navigate the complexities of real estate with confidence.

Similar forms

  • Form 310G - Guidelines: Like the Standard 310 T form, this guidance document assists both buyers and sellers through the due diligence process. It lays out specific steps to follow, ensuring that all necessary details are carefully considered during the transaction.
  • Form 4-T - Agreement to Amend Contract: Similar to the Standard 310 T form, this document is utilized when changes in purchase price or seller contributions arise. It serves to formalize agreed alterations, ensuring both parties are aware and in agreement with the modifications.
  • Form 2-T - Purchase and Sale Agreement: This form outlines the terms of the property sale. It complements the Standard 310 T form by providing a detailed contract that captures all negotiated aspects between the buyer and seller.
  • Form 220 - Residential Property Disclosure Statement: Just as the Standard 310 T form influences the due diligence process, this disclosure aims to inform buyers about the condition of the property. It ensures transparency regarding any issues or repairs that could impact the sale.
  • Form 101 - Offer to Purchase and Contract: Like the Standard 310 T form, this foundational document is essential in initiating the sale. It formalizes the buyer’s offer and outlines important terms that both parties must agree upon.
  • Form R - Residential Lease Agreement: While not directly related, this form shares similarities in framework by establishing an agreement between parties regarding property use. It serves to protect both interests, akin to the Standard 310 T form’s protective intentions during property transactions.
  • Form 470 - Authorization and Instructions for Seller's Broker: This document empowers the seller's broker similarly to how the Standard 310 T form empowers buyers to utilize their due diligence rights. Both forms facilitate necessary actions and decisions during the property transaction process.

Dos and Don'ts

When filling out the Standard 310 T form, it’s essential to follow specific guidelines to ensure everything is done correctly. Here is a list of what you should and shouldn’t do:

  • Do read through the entire form carefully before filling it out.
  • Do clearly write the property address with all necessary details.
  • Do ensure that both Buyer and Seller sign and date the form.
  • Do consult with your lender regarding any agreements made in the form.
  • Do keep a copy of the completed form for your records.
  • Don't leave any required fields blank.
  • Don't make changes verbally; always write them down and have both parties sign.
  • Don't assume that any agreements are valid without proper signatures.
  • Don't submit the form without confirming its accuracy.
  • Don't rush through the Due Diligence Period without proper investigation.

Misconceptions

Misconceptions about the Standard 310 T form can lead to confusion. Below are eight common myths, corrected for clarity.

  • The form is only relevant for buyers. This form involves both the Buyer and Seller. Both parties must agree to the terms outlined.
  • Completing the form guarantees a successful transaction. The completion of the 310 T does not ensure the sale. Other factors are also significant in a real estate transaction.
  • Due diligence is optional. Due diligence is crucial. Buyers should always conduct due diligence to ensure the property meets their standards.
  • Inspection reports must always be shared with the Seller. Sharing inspection reports is at the discretion of the Buyer. The Buyer can choose to agree or disagree to release reports.
  • Changes to the agreement can be made verbally. All changes must be documented in writing. Verbal agreements will not hold legal weight.
  • The due diligence period is unlimited. The due diligence period is defined in the Offer to Purchase and Contract. It has specific start and end dates.
  • Failure to complete the form voids the contract. While important, failure to complete the 310 T does not invalidate agreements reached. However, it's advisable to complete the form.
  • Buyers do not need to consult their lender regarding the form. Buyers are highly encouraged to confirm all agreements with their lender. This includes ensuring any Seller contributions align with lending guidelines.

Understanding these misconceptions will help ensure you navigate the real estate process more effectively and confidently.

Key takeaways

  • Understanding the Purpose: The Standard 310 T form is a due diligence request and agreement between the Buyer and Seller regarding property transactions.
  • Filling in Information: Both parties must clearly enter their details, including the property address, to ensure clarity within the agreement.
  • Due Diligence Requests: The Buyer should outline any specific requests related to the condition of the property in the designated section.
  • Completion Notifications: The Seller is required to notify the Buyer upon the completion of agreed adjustments to the property.
  • Verification Rights: The Buyer has the right to verify that the agreed-upon adjustments were completed properly before settlement.
  • Financial Considerations: If there are changes to the Purchase Price, it’s important to complete the Agreement to Amend Contract (Form 4-T).
  • Due Diligence Period: Buyers retain the right to conduct due diligence within the period outlined in the Offer to Purchase and Contract.
  • Inspection Reports: The form allows the Buyer to select whether or not they agree to release any inspection reports to the Seller.
  • Effectiveness of the Agreement: The agreement becomes effective only once both parties have signed it, and any amendments must also be documented and signed.